Ordinance 15-025 Amends Title 17 SMP CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 15-025
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTIONS
17.80.030 AND 17.90.010 RELATING TO ASSIGNMENT OF DEVELOPMENT
APPLICATION CLASSIFICATION AND DECISION AND APPEAL AUTHORITY, AND
OTHER MATTERS RELATING THERETO.
WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley
Municipal Code(SVMC)Title 17, pursuant to Ordinance 07-015; and
WHEREAS, on October 28, 2007, SVMC Title 17 became effective;and
WHEREAS, such regulations are authorized by RCW 36.70A; and
WHEREAS, on August 4,2015,the Washington State Department of Commerce was notified pursuant
to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to Spokane Valley development
regulations; and
WHEREAS, on August 21 and 28, 2015, notice of the Planning Commission public hearing was
published in the Valley News Herald; and
WHEREAS, on August 27, 2015,the Planning Commission held a study session; and
WHEREAS,on September 10,2015,the Planning Commission held a public hearing,received evidence,
information, public testimony, and a staff report with a recommendation followed by deliberations; and
WHEREAS, on September 24, 2015, the Planning Commission approved the findings and
recommendations; and
WHEREAS, on December 1,2015, City Council reviewed the proposed amendments; and
WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's
Comprehensive Plan; and
WHEREAS, SVMC 17.80.030 and 17.90.010, as amended, bears a substantial relation to the public
health, safety,welfare and protection of the environment.
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to make the SVMC consistent with the
City's Shoreline Master Program by adding applicable shoreline permits to the permitting and appeal
procedures set forth in SVMC 17.80.
Section 2. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments
and recommends approval of the amendments. The City Council has read and considered the Planning
Commission's findings. The City Council hereby makes the following findings:
Ordinance 15-025 Page 1 of 5
A. Growth Management Act Policies - Washington State Growth Management Act (GMA)
provides that each city shall adopt a comprehensive land use plan and development
regulations that are consistent with and implement the comprehensive plan.
B. City of Spokane Valley Goals and Policies-The City of Spokane Valley has adopted goals
and policies consistent with the GMA and adopted County-Wide Planning Policies, set
forth below.
Chapter 8 - Natural Environment Element of the Comprehensive Plan includes the goals
and policies of the Shoreline Master Program (SMP) as goals and policies of the
Comprehensive Plan. The proposed amendments are consistent with the SMP as the goals
and policies of the SMP are included as goals and policies of the Comprehensive Plan. The
amendments are therefore consistent with the Comprehensive Plan. The amendments are
consistent with the following Comprehensive Plan policies:
Land Use Policy LUP-13.1: Maximize efficiency of the development review process by
continuously evaluating the permitting process and modifying as appropriate.
Economic Policy EDP-7.1: Evaluate,monitor and improve development standards to
promote compatibility between adjacent land uses; and update permitting processes to
ensure that they are equitable, cost-effective, and expeditious.
Economic Policy EDP-7.2: Review development regulations periodically to ensure
clarity, consistency and predictability.
The amendments are consistent with the SMP where the purpose is to protect the public
interest in the shoreline, preserve the natural character of the shoreline, advocate long term
over short term benefit, protect the resources and ecology of the shoreline, increase public
access to publicly owned shoreline areas,and increase public recreational opportunities in
shoreline areas. For this reason the amendments bear a substantial relation to public
health, safety,welfare, and protection of the environment.
C. Conclusions
The Shoreline Management Act requires that local governments amend their master
program for regulation of uses of the shorelines of the state consistent with the
required elements of the guidelines adopted by the Department of Ecology.
The goals and policies of the SMP are considered an element of the City's
Comprehensive Plan.
Spokane Valley development regulations are intended to implement the City's
Comprehensive Plan and therefore must be consistent with the Plan.
The proposed text amendment is consistent with the City's Comprehensive Plan and
the approval criteria pursuant to SVMC 17.80.150(F).
The proposed City-initiated Code text amendments are consistent with the City's
adopted Comprehensive Plan and the approval criteria pursuant to SVMC
17.80.150(F).
Section 3. Amendment. Spokane Valley Municipal Code Section 17.80.030 is hereby amended as
follows:
17.80.030 Assignment of development application classification.
Ordinance 15-025 Page 2 of 5
A.Assignment by Table. Land use and development applications shall be classified pursuant to the following
table:
Table 17.80-1—Permit Type and Land Use Application
Type Land Use and Development Application SVMC Cross-
Reference
Accessory dwelling units 19.40.100
Administrative determinations by community development director, public Multiple
works director, or building official
Administrative exception 19.140
Administrative interpretation 17.50.010
Boundary line adjustments and eliminations 20.80
Building permits not subject to SEPA 21.20.040
Floodplain development 21.30
Grading permits 24.50
Type I Home occupation permit 19.40.140
Shoreline letter of exemption 21.50
Minor modifications of development agreements 19.30.015(I)
Record of survey to establish lots within a binding site plan 20.60.040
Right-of-way permits 22.130.100
Site plan review 19.130
Temporary use permit 19.160
Time extensions for preliminary subdivision, short subdivision or binding site 20.30.060
plan
Alterations—Preliminary and final subdivisions, short subdivisions, binding 20.50
site plans
Binding site plan—Preliminary and final 20.50
Binding site plan—Change of conditions 20.50
SEPA threshold determination 21.20.060
Shoreline conditional use permit 21.50
Type II Shoreline nonconforming use or structure review 21.50
Shoreline substantial development permit 21.50
Shoreline variance 21.50
Short subdivision—Preliminary and final 20.30, 20.40
Preliminary short subdivision, binding site plan—Change of conditions 20.30
Wireless communication facilities 22.120
Type Conditional use permits 19.150
III Planned residential developments 19.50
Ordinance 15-025 Page 3 of 5
Table 17.80-1—Permit Type and Land Use Application
Type Land Use and Development Application SVMC Cross-
Reference
Plat vacation 20.70.020
Preliminary subdivision—Change of conditions 20.50
Subdivisions—Preliminary 20.30
Variance 19.170
Zoning map amendments(site-specific rezones) 19.30.030
Annual Comprehensive Plan amendments(text and/or map) 17.80.140
Type Area-wide zoning map amendments 17.80.140
N Development agreements associated with Comprehensive Plan amendments 17.80.140
Development code text amendments 17.80.150
B.Assignment by Director. Land use and development applications not defined in SVMC Table 17.80-1 shall
be assigned a type by the director, unless exempt under SVMC 17.80.040. When more than one procedure may
be appropriate,the process providing the greatest opportunity for public notice shall be followed.
C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use
permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant
to the procedures set forth in SVMC 17.80, subject to any additional or modified procedures provided in
SVMC 21.50, including submittals, completeness review, notices, hearings, and decisions.
Section 4. Amendment. Spokane Valley Municipal Code section 17.90.010 is hereby amended as
follows:
17.90.010 General.
A. Appeals and Jurisdiction. All final decisions shall be appealed to the authority set forth in SVMC
Table 17.90-1. Specific procedures followed by the planning commission, hearing examiner, and city
council are set forth in Appendix B.
Ordinance 15-025 Page 4 of 5
Table 17.90-1 -Decision/Appeal Authority
Land Use and Development Decisions Appeal Authority
Type I and II decisions Hearing examiner(SVMC 17.90.040); further appeal
to superior court(Chapter 36.70C RCW)
Building permits Hearing examiner(SVMC 17.90.040);further appeal
to superior court(Chapter 36.70C RCW)
Type III decisions except zoning map amendments Superior court(Chapter 36.70C RCW)
Type III zoning map amendments City council (SVMC 17.90.070); further appeal to
superior court(Chapter 36.70C RCW)
Type IV decisions Superior court
Matters subject to review pursuant to RCW 36.70A.020 Growth Management Hearing Board
Shoreline substantial development permits, Shoreline Shoreline Hearings Board (RCW 90.58.180)
conditional use permits, and Shoreline variances
Compliance and enforcement decisions (Chapter 17.100 Hearing Examiner(SVMC 17.90.040);further appeal
SVMC) to superior court(Chapter 36.70C RCW)
Section 5 . Other sections unchanged. All other provisions of Title 17 SVMC not specifically
referenced hereto shall remain in full force and effect.
Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
Ordinance.
Section 7. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as
provided by law.
Passed by the City Council this 15th day of December 2015.
ATT
can Grafos,Mayor'
Christine Bainbridge, City Clerk p
Ap rove s orm::, Date of Publication: /3 ; 6 -9d/5--
!
Effective Date: )Z - 3 C
Office f the i6dAttorney
Ordinance 15-025 Page 5 of 5